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The Summer Surge Brings Seasonal Work and Increased Injuries

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As the school year winds down, a familiar pattern emerges as students trade their textbooks for summer jobs. Whether it's lifeguarding at the local pool, working at a summer camp, scooping ice cream, bussing tables at restaurants, or getting your hands dirty landscaping, seasonal jobs provide valuable work experience and a chance to earn some extra cash. However, with the increase in labor during the warmer months comes a corresponding rise in workplace injuries. This raises an important question: should seasonal work be required to provide workers' compensation? 

The Heat Factor

Warmer weather not only brings more job opportunities but also introduces additional risks. High temperatures can lead to heat-related illnesses such as heat exhaustion, dehydration, and even heat stroke, especially for those working outdoors. The physical demands of jobs like landscaping can exacerbate these risks, making it essential for employers to implement safety measures.  

The Rise in Injuries

Studies have shown that workplace injuries tend to increase during the summer months. The combination of new workers, physically demanding tasks, and high temperatures creates a perfect storm for accidents and injuries. Common injuries during this time include spine, back, neck, legs, and musculoskeletal injuries.

Should Seasonal Work Provide Workers' Compensation? 

Given the increased risk of injury, it's crucial to consider whether seasonal workers should be entitled to workers' compensation. Most states, like Massachusetts and New Jersey, require businesses to carry workers' compensation insurance, which typically includes seasonal employees. However, since workers’ compensation varies by state, some states do not include seasonal employees under their workers' compensation programs For example:

  • Pennsylvania exempts agricultural employees who work fewer than 30 days
  • Delaware exempts independent contractors 
  • Florida has a minimum number of employees needed for coverage 

Employers' Perspective on Excluding Seasonal Workers from Workers' Compensation 

Employers argue that the temporary nature of seasonal employment does not justify the administrative and financial burden of providing workers' compensation benefits. The short duration of employment and fluctuating hours and pay rates make calculating compensation challenging. State-specific regulations often exclude or limit coverage for seasonal employees, balancing business needs with worker protection. Additionally, the transient nature and physical demands of seasonal work complicate the claims process. Ultimately, some employers find the cost and complexity of managing workers' compensation claims for seasonal employees outweigh the benefits. 

As summer brings an influx of seasonal workers, the rise in workplace injuries becomes a pressing issue. While these jobs offer valuable experience and income, they also come with increased risks. The debate over workers' compensation for seasonal employees is complex, involving safety, practicality, and financial considerations. Striking the right balance is essential to ensure both worker protection and business viability.